1955-08-16 — Page 10

THE BEESTON BOILER CO., LTD. HEATING EQUIPMENT, BOILERS, RADIATORS, ETC.

ENGINEERING EQUIPMENT CO., LTD. M.M. & Skungħal Bank Bldg. Tel. 2778A

JOHN CLARKE'S

CASEBOOK

The Last Straw

IN

an East End street that

motorcycle

and

■

Nide-car

phutted to a stop outside u Mcrap-metal merchant's yard.

Frederick, the

driver. and

Sydney, his passenger,

mounted

dis

and began to unload

Racks from the side-car. As they did en, two strangers appeared

from the shadows.

We're police officers," one of

the strangers sold. "What have

you got in those sacks?"

"Scrap metal. 'course,"

Frederick answered..

"Where did you get it?"

"Of the bomb

site."

sald

Frederick, and begun to explain,

THE

FROM BOMB SITE

HE plain-clothes officers rumm- ussort- maged among the

ment of old lead and copper wire the sacks, contained. Then one said: "We're arresting you for being in unlawful possession of all this."

"But

"Frederick began, and as he and his friend were led off to the police-station, he tried once again to explain.

next

At Clerkenwell Court, norning. Frederick and Sydney both pleaded not guilty to the charge against them, and the first of the two policemen who had arrested them went into the witness-box to tell his story to Mr Seymour Collins, the magis- trate.

"The

CHINA MAIL

TUESDAY,

Molotov Takes Guests Boating

Established 18435

, AUGUST 16, 1955.

Soviet Foreign Minister Molotov was the oarsman during this outing on the lake at the garden party given recently to the diplomatic corps by Prime- Minister Bulganin at his country residence. Being taken for a row are Argen. tinian Ambassador Leopoldo Bravo and Mrs Subandrio, wife of the Indonesian envoy--United Press Photo.

Statue Of

Queen Victoria

Be Re-Erected Tomorrow

To

The renovated statue of Queen Victoria, one of Hongkong's oldest and best known landmarks before the war, will be set up in its new site at Victoria Park, Causeway Bay tomorrow (Wednesday) morning.

Already a massive granite plinth seven feet in height has been erected in a On this pedestal will be placed small square facing the main entrance to the Park. was

irst defendant suid. when arrested, the, stuff came from a bomb site'," the officer said, nodding towards Frederick. "The other man sald,

only helping him bring the stuff ntang.'"

“AN Irate asked,

sald

the bronze statue of the Queen to become once again a permanent memorial to the Colony's history.

ان

Reversed Plea Not

DIDIN'T I TELL YOU....

The statue, NY questions?" the magis-

which is about, laborious process because of the twice life size and weighs about many intricacies of details which "Yes,"

Frederick in-three tons, is the work of an involved a tremendous amount Asido from dignontly "Didn't I tell you Itailun sculptor, M. Racci. of skilled work. my kids brought the stuff from was first erected in the centre the actual research work, the the rehabilitating State a dump they play on? Didn't I of

Square in 1897 to lask

the bringing commeinorste tell you they'd been

Diamond damaged statue took six months.

hadi Replacements Jubilee of Queen Victoria's lon theard glorious reign.

"age" by oxidation, to har During the Japanese occupa- monise with the rest of the tion, the statue, together with statue, which was then polished several others of British Royal to a high sheen. The result of personages and former Gover-all this work will be seen when the statue is re-erected at Vic- the Colony, wis re-

Japan for melting torla Park.

bits home for months?"

"Did he tell you that?" magistrate asked the policeman. believe he did. But it was afterwards he said that."

words."

CONCEALING GUIDANCE

slood down, and his colleague strode confidently into the court, to the witness-box, and told the same story as the other had Frederick's prompting.

TUIE policeman

l ners

moved down.

tion

10

and the

Jackson,

to

the statue to best advantage.

Japanese 2

Sir

tlan Thomas

the Bank's founder.

Tho other missing statues were never found.

PARTS MISSING

"Did the defendant say any statues thing about anyone else collected to ing this metal?" the magistrate 1040. asked him.

recon in

mounted on &

canopy

Accepted

the

Kround floor.

STARTS INSTANTLY NEVER MITSES

SHEAFFER'S

"CLICKER".

MEDIUM & FINE BALLPOINTS AVAILABLE

LIBEL ACTION FAILS

Carlsberg Beer Advertisement Photograph

A $5,000 action against The East Asiatic Co., Ltd. for alleged libel contained in a 1955 calendar advertising Carlsberg beer was dismissed with costs by Judge Reynolds in the Victoria District Court this morning.

Witness

·

another

the same salary. There was a vague

mostly professionals to carry . and nebulous in the extreme. "As There wore perhaps a greater farts we know the plaintiff holds exactly the same appointinent now number of professional photo that he held at the time the photo. graphers in Hongkong than any- | graph was taken and has precisely where else in the world.

Mr Shock: Surely a Chinese film stor would be delighted to be a model.

Witness:

Ford fee of thousand dollars or so, but the pliotograph would not be worth

inference that the plaintiff was pro- mined a promotion kat year but no vidence that he was refused a pro- motion 4 result of the photo, Hraph."

Mr Wright submitted "The Saue is very simple-was there expressed or implied consent so, the photo- graph being taken? In these eir- Witness added that it

over- was cumstances the evidence a

whelming that thero wa, That natural that people taking such being so, no fort has been

complain and he cannot mucceed,

it

as cheap as they could. a photograph tended to keep

Re-examined by Mr Wright, Mr Watsons said that it was very unlikely that amateur photo graphers would carry all that amount of equipment which he had to take casual plenic photo- graphs.

FINAL ADDRESS his

address. final

Mr

400-

Mr Slack, in his address de- mitted of which the plainting con tended that the Unes of

con

the defence. The only evidenies of

fence was to show consent and the urden of proving that rested on consent won a warning made and repeated by the defence witnesses Arminediately before the taking of the photograph to take that the photograph was an im- portant one arid also Very

EXDEN- alve. The dafenes was-based purely on the inference to be drawn from

care and

Wright referred to the case of the photograph self

LIMIT TO CONSENT ·

the well-known British golfer,

The plaintiff might have consent- sued the Cyril Tolley, who

ed to the photograph being taken. makers of Fry's

Chocolates, but there was a limit to lile con. They had published a enrica-nl. Mr Slock declared. He point ed out that many people have been ture of him "with a stick of

photograplied with a brand of beer Chocolate Jutting from Fry's

or cigarette in their hands, but they his pocket" and a limerick did not expect the picture to appear In a magazine and did not want it which compared the excellence

nee to appear. If the picture did a of their chocolate to the

pear then it was able to pres Mr excellence of his drives,

sume that it was done for gain." wright sald

it appeared

never wherens

ate

the

I

that Fry's In the

Mr Black maid it was a very im- portant fact that the Lee family were only invited on the very mom- ing the photograph was taken and it

Mr Tolley Chocolates present case

Carlsberg equipment was larger than usual, admitted he was a fan.

plinuff was not unusual for them to think it casual photograph even it the

A to the Tolley case, Mr Block

Mr Leslie Wright, Counsel for the defendants, submitted that the suit was "an audacious trial by In an adventurous young gentleman to squeeze some damages out of The East Asiatic Company."

The plaintiff, Lee Yock, circulation manager of the Hongkong Times, Ltd. of 64-66 Gloucester Road, claimed that a coloured photograph taken on board a floating restaurant in Aberdeen, featuring himself, his wife, sister and three others which appeared on the October page of the calendar was libellous.

Plaintiff contended that he graphs the main light would be to eight feet high and did not know the photograph seven was for advertisement purposes three or four feet to the side of and that he never consented to the camera. this.

DELIBERATELY POSED Plaintiff was represented by

produced Mr J. C. B. Slack and de-photograph taken in the res- Counsel and that the photograph that a person who had posed fendants by Mr Wright, in-taurant in which both the plain- complained of in the action was no structed by Mr H. J. Arm-ti and his wife appeared and clearly and obviously posed that the plaintiff was utterly unable to say that said

this жая also strong.

It was pertoolly obvious that the In fact he being taken and deliberate arrangement. There was he did not know the photograph Judge Reynolds held that

East Asiatic Company knew exactly admitted that be knew, reasonable conclusion might be were other arrangements made

Mr Wright said that there was no what they were doing, employing

amatous and posing them fo need to search around to discover advertising, plotures nyet they did drawn from the advertisement to take photographs in a sampan that the persons in the photo-moored by the restaurant and whether the pistntiff gave his assent. not take, the proper, stope to show

were de-

There Apart from the intrinsic evidence their the people

purpose. the defence, the photo- evidence to show the plaintiff and graph were posing as protesterately posed by him, and given by

graph itself showed that he gave his his family were saker whether they sional models. This

might give Caraiberg beer occupied a pro- assent to what was clearly a photo-consented to appear in the pecture. rise to a cause of action but it minent position. They were not graph for advertisement purposes. secins quite clear from the whole casual photographs, Mr Watson He went on to recall that great care of the evidence, and in particu-

was taken in posing the people so lar the evidence of Mr Watson, said.

Ho said

that from the cle that the result would appear natural, The picture bore the brand of an that the plaintiff and his family meanour of these people they expert photographer ard 11 was knew that these photographs were enjoying the photography Bonable person to believe the plain practically impossible for any rea were not casual ones taken at a Ho estimated that he toolt pienic but taken with

uff's story that he thought I was great

a half hours to take just a casual photograph. by an expert photo to

the photographs, this included advertise Carlsberg

HAD TO "SPIN A YARN" The Judge did not accept the the time taken to get out to the Once the pleuitur conceded that he evidence of the plaintif and his restaurant and the setting. Upassorted without objection to the

caro

witnesses

that

they were unaware of the purpose of the photograph and found that the plaintiff had no cause of action against the defendants.

PHOTOGRAPHER IN BOX

again

one and

A

for a photograph was much more

in person whose likeTIONE appeared 'kely to have done it for gain that in a caricature.

was

Had Dutiable Cigarettes And Tobacco

no

Facing two charges of pos- sessing

ciga- dutleblo Macao retics and Chinese tobacco, a INSI was fined, $500 or two

of his

Не equipment,

was picture being taken fils case fell so Working all that time because it int he had to "pine yarn" that Was

oosting East Asiatic Com-this was a casual photograph.

Submitting that the plaintiff's case was a lying one and that it was pany $1 a minute.

Mr Watson said that there was

impossible for him to get over the fact that he assented, Mr Wright quite a lot of interest in his

kuld that besides the photograph it-months and $400 or two months work on board the restaurant..

salt there was a wealth of evidence Mr

K. A. Watson, photo- Mr Wright asked whether Mr

to support the fact that he did as- grapher, said

to be drawn Was Watson kriew

rent, The Inference of any employed Mr Jensen of Eastprofessional models in

by Astatle Company in May, 1954, for this type

ment

.QtC

that he

did

Chinese

not from the fallure of the plaint to

call Jenay Chiu, his friend, to give evidence was that she had told him the purpose of that Sunday jeunt at the very start.

4

respectively by Mr Hin-shing Lo at the Central this morning.

Magistracy

Defendant was Chan Chun Wah 22, seoman, of 338 Nathau Road

Revenue Inspector, R.I. Wake prosecuted.

The prosecution said that on August 11, on the harbour off

Point

defendant was found to have in his possession and Macao

to model. According Watson there was no such thing

MrMsional

the

Defendant at that time sald as a professional Chinese model for that the goods were not his, advertiserhents of this kind in Hong-

"I don't care if it was after-

to take photographs for ad-Witness replied that he did not wards," the magistrate said

vertising Carlsberg beer. They know of any. They relied on sharply.

"You've sworn to tell

fixed a date and Mr Jensen friends to pose

Mr Wright said that the evidence this sort of the whole truth. Why didn't

While the renovation work Mr J. E. Durling this made

showed there was no objection from arrangements to get photograph because there were After the war it was dis- was in hand, Government gave morning rejected defending people for the photograph.

no such Chinese models from his rul of the people and all gave their

co-operation during the lak policeman mumbled DIL

application covered by the Allied Occupa-consideration to the siting of Counsel's

of the picture. For one and to One Sunday morning witness experience. apology, and the colour rose in

Forces in

half hours and throughout the lunch West NOT PRACTICE TO PAY

that followed there was cut out hin cheeks.

From 1887 until its removal reverse his client's plea from said he met the party by appoint-

in Aberdeen and went on Witness said that he had never of evidence Uhat anyone 'enquired "Why didn't you

the arsenal, together with the two tell

the floating paid anyone for taking this what it was all about. The only 70 lbs of Chinese tobacco.

of. packets whole truth?" magistrate bronze lions which flank, the by the Japanese, the statue had one of guilty to not guilty board

the

door of the Hongkong

bren sited in the centre

of at

explanation was that everyone knew 8,400 the Central Magis restaurants.

type of photograph and he had perfectly well what the purpose was, cigarettes. Furthermore, he was pressed.

main

an tracy.

The witness produced in Court not heard of anybody. being Counsel submitted that there was "He said several things after and Shanghai Banking Corpora- Statue Square, enclosed in

| overwhelming claborate

evidence of consent found to have imported селору statue of

the apparatus he took with him paid. The defendant, 17-year-old Lo

which that Sunday-a tripod, a battery granite plinth, surrounded by Yin-wing, residing at 50 Des

was the principal inue in 8,400 packets of cigarettes Into It was not the general praic-the case. iron fence. circular

and two rattan baskele comiain-tico to pay. Sometimes Voeux Road, Central, first floor,

they As to the Innuendo relied upon, Hongkong on board the my Lee from Although the

and

ing a camera, three flash guns, were given a present or copies that there was no evidence to up the Director of Commerce and

Counsel said that it was quite clear Hong without a licence a student, had pleaded guilty to plinth and been left intact by charge of simple larceny when

connecting cortis, on exposure of the photograph. Often they port the innuendo that he was Industry. meter and about 30 flash bulbs.

·re the were the Japanese, they

Arst apply.

before His

Witners said that as soon as

were given some sort of enter- Through the co-operation of moved by the Hongkong Govern- Worship on

fainment or th meal," the

he got to board the restaurant Defendant is alleged to have before the United Kingdom Liaisonment in 1949 to improve

Watson stated. of trame along Chater

het nade preparations, choosing Mission in Tokyo. the four flow

stojen 24 gramophone records,

the best part of the restaurant He not agree with the Kong, so it would be impossible to but they belonged to a foki on Road.

pak any Court to infer this possible the ship. were return)

property of Hui Man-

Plaintiff's evidence that the innuendo which was far-fetched and The ever-increasing density The

His Worship said that the October,

sheung, on

with a view to the buckground people in the photograph were fantastic August 13 at 109

having a table laid there, and not deliberately posed. As to

The second innuendo also fell be evidence given by the Revenue Then it was found that of traffic in the centre of Vle-Hennessy Road,

any thought

The total value

his tripod. The their whilst the lions and the statue teria cause

Betting

they cause the plaintiff admitted that Inspector was clear and reliable, of the records is

corglemtion

that

there was no defemation or any re«,

that he found the camera was about six or seven thought it was a casual picnic etion on him or his family to be and on Thomas Jackson were placing Queen Victoria in her estimated to be $110.

aban- original position to be more or less unscathed, certain doncd. The Botanic

This morning, Mr Lawrence feet away from the table and photograph, witness said that it seen in public drinking Carisberg defendant qulity. the Look here" sold the ngis-parts of the Queen's statue had was considered at une start us

Gardens Leong, instructed by Mr K. Y.

had one of the flash guns con- was the most unusual way of beer.

Accused had three previous nected while another extension taking trate. "You've taken an oath to disappeared.

Yung

(Zimmern & Co.).

casual picnic photodamages, Mr Wright called it vague convictions for similar offences. was also the triangular plot in give all the evidence that is re- These were the Crown and front of the new Alexandra appeared in court and applied flash gun was held up by one graphs, where everyone would levant. What it boils down to,thren ornamental motifs

of the parties. He then asked for be crowded around smiling hard Bottles xif beer and is that you're concealing evid Royal Crest, the Lion and the

arranged at

The camera and with III the I think this is all moat Unicorn-surmounting the back

them and he asked the people to special blue flash bulbs which ence. unsatisfactory. This case is dis-

around for the photographs, he used he could not think. how of the Throne. In addition, the missed."

He told und part

the people to take people could believe it was just natural positions and ho He turned to Frederick and sharm

casual picture, and Sceptre and a portion of the Orb

Cross-examined by Mr Slack, were in the left band had been

made one or two changes, asiç- "I broke

Off and the shickt

ing some of them to sit down the witness agreed that name of and some to stand up.

The pictures in warn you to be careful," said panel

the calendar on the left side of the Collins, "Finding Isn't Throne and a panel in the buck

Mr Watson said that the taken by other photographers keeping in the

tended to photograph in the calendar was

be exaggerated, and one of those he took that were not very natural. He also morning.

agreed that they were obviously CAREFULLY POSED advertisement pictures.

further that his Agreeing As to the different attitudes pictured there in regard to the picture was more natural than glasses witness said that he the others, witness saka that he deliberately told the people

believe he did say some of Sir

about his children..."

Sydney, whose faces

radiant

Mr

with

innocence.

area, you know. Very well. you may go."

ABOUT THE PROPERTY?

THE WO

--the House.

of the

In view of their symbolic significance, It was necessary to take faithful reproductions of the originals. This involved extensive and diligent research

on

"Once Y

the

Fit

to reverse his ellent's plea to At Causeway Bay, the statue not of Queen Victoria will be seen

a plea hrs been taken to best advantage, set against a it is anal. Larceny in Chinese background of playing fields, in

same as larceny In children's playgrounds.

up with English, and he has admitted towns and tree-lined walks.

the gramophone stealing records,"

His Worship told Counsel.

Due to the great number of cases he has to hear, His Wor- ship adjourned this case II the afternoon

November 22, of when he will hear the evidence. the In applying for ball for defendant, Mr Leong said that | he came from a very respectable

family.

and that he was i student and would be returning to schoot soon.

His Worship remanded Lo for seven days on bali of $500.

WARTIME PROMISE

KEPT

Capetown, Aug. 15. Mr William Moorcroft, 32- year-old South African farmer, his kept an 11-year-old promise te an Italian family who shielded himm from the Nazis on their smallholding near. Venice during World War 11.

you I will,"

Sequel To Drugs Seizure

own work. "I don't want to that some of them wore in the own prejudiced in favour of his it of drinking act

beer, others advertise myself but I think. were holding their glasses and la probably one of the best in a great others with their glasses down, this calendar because

natural. dent of time was spent

It look natural." was make

ap they would apping

The whole

arranged to make a nice picackled,

ture. In fact witness said he

"A PARADISE"

naked them to hold their pose

Mr Slack pointed out

to

he

that

Metropolitan of the Throne were also ming

Steps were taken to about restoration. The Director of Public Works asked Mr Raoul

and Bigazz! to examine a୯୯ swept in a lordly whether

he could restore the way from the dock.

damaged statue, thus avoiding "About the disposal of

this the necessity of having to send property a detective asked, lt to the United Kingdom for

"Return It to the defendants," the magistrate said. "It's theirs." renovation.

The two plein-cinthes

men sacks hauled the

their shoulders and followed heavy-

oted in the footed

wake of their former prisoners.

the part of Mr Bigazzi and The total weight of the metal his team of expert workmen. in the sacks was only 112ib, but

Enquiries were made from as they were humped out, the various sources in the United

in one picture until a big sam- some advertisement pictures weight of them looked almost Kingdom, among them the Con- f ever I can hop

pan had sailed into view to fill took two days to complete Insupportable as it each

orie up the background, sack stable of the Tower of London, he told them of the time.

while he (witness) took contained the final straw that

Two cons of the family, Rug

The seizure the Lord Chamberlain's. Ofco

largo

why none

half hours to take 10 ‚and ya can break a camel's back, ora and the Ministry of Works.

Witness replied gero Bortolotto, aged 27, and quantity of oplum and morphine at the peop

pooplo

photography. From the Ministry of Works Guerrino Bortolotto, aged 42, at Kal Tak airfield yesterday looking at the camera, Mr that he had only two subjects. M: Bazzi btained two photo-have now arrived in Durban 16 morning resulted in the пр

aps Wat bo modural and Hongkong was a photographer's said that they wore He grood with Mr Slack, that graphs of Queen Victoria's visit their wartime friend.

pearance of two Fukion

and not themselves statue reproduced

Mr Moorcraft had invited them before Mr Derek Cons at Kow-njoying

paradise but would not An Appreciation

Illustrated London News on to come and live and work on loon this, morning on charges noticing the camera, consequent that there were more

amatour January 28, 1098 and from The his form in the Cradock district of possession of raw oplum and dy they were told where to look enthusiasts here than anywhere Tonight at 8.15 the well Gentlewoman of January 21. of the Cape, and pald their fares morphine powder:

and not to look at the camera, else in the world. A consider

usual in this

able

of people in Hong- who is on a short visit to the magazines were taken in the

of commercial photograph merled pround-expérie

·Jong- Colony will broadcast over sculptor's workshops just before

**Instructor of twiterem se Asiatic Comel bacino "FLOERKOTg was one of

produced a

photographic equipment Mr. Michael Bergher, Far 27 Canal Road West,

Copy Radio Hongkong an appreciation. the statue was shipped to Hong-

- 36,4 Diving - Instruc- | df Sung-ching Eastern supervisor of Columbila

of his bill, to of the celebrated German kong. author Thomas Mann who died The work of replacing the Pictures International Corp, he ox of 81, Des Voeux Road pange According to this he took the cheapest places to buy this: Mr. Mack put it. ko witness missing parts was a low and been elected Vice-President of West, warg

changed was total of $152.50% for that it would not be unusual to Me T. Kavanagh, Superinten two hours and materials sup- soo smadre carrying equip.

Anti-Corruption pies Hold that from the men with as a battery. The wit dent, of the Branch prosecuted,

jingle and shadows of the photo zuten worse that they would be

man's.

from

The

of

а

Asked to ex appeared to be

'known writer Lola Mitchison, 1893. The photographs in the from Italy.--China Mali min. 27. Yue King-This, was quito;"

Jest Friday"

1.

The two

and Yau

| the company? Are younounced for three daanded in custody in colored transparencies and

Mr. Bergher is based in Honge

go Printed and published by WILLIAM ALICK GRINHAM LOT today. and on behalf of South China Morning Post Limited at 1-3 Wyndham Street, City of Victoria, in the Colony of Hongkongkong,

to the evidenco

regarding

SIDE GLANCES

By Galbraith

al good hand-out job, ma'

out fumes that, fri